(1) (a)
The state licensing authority may issue a retail marijuana hospitality and sales
business license authorizing the licensee to operate a licensed premises in which
marijuana may be sold and consumed pursuant to this article 10, rules promulgated
pursuant to this article 10, and the provisions of the ordinance or resolution of the
local jurisdiction in which the licensee operates.
(b) Subject to provisions of this article 10 and the ordinance or resolution of
the local jurisdiction in which the licensee operates, a retail food business as
defined in section 25-4-1602 (14) that does not hold a license or permit issued
pursuant to article 3, 4, or 5 of this title 44 may apply for a license to operate a
retail marijuana hospitality and sales business in an isolated portion of the premises
of the retail food business. A retail food business operating a retail marijuana
hospitality and sales business pursuant to this subsection (1)(b) is subject to the
terms and conditions of article 4 of title 25 and the rules promulgated pursuant to
that article, including but not limited to licensure requirements and inspection and
enforcement authority of the Colorado department of public health and
environment. This subsection (1)(b) does not authorize the retail marijuana
hospitality and sales business to engage in the manufacture of medical marijuana-infused products or retail marijuana products or to add marijuana to foods produced
or provided at the retail food business.
(c) The state licensing authority shall maintain a list of all retail marijuana
hospitality and sales businesses in the state and shall make the list available on its
website.
(2) A retail marijuana hospitality and sales business licensee shall not:
(a) Engage in multiple sales transactions to the same patron during the same
business day when the business's employee knows or reasonably should have
known that the sales transaction would result in the patron possessing more than
the sales limit established by the state licensing authority;
(b) Allow on-duty employees of the business to consume any marijuana in
the licensed premises;
(c) Distribute or allow distribution of free samples of marijuana in the
licensed premises of the business;
(d) Sell any retail marijuana or retail marijuana products that contain nicotine
or, if the sale of alcohol would require a license or permit pursuant to article 3, 4, or
5 of this title 44, alcohol;
(e) Allow the consumption of alcohol on the licensed premises;
(f) Allow the smoking of tobacco or tobacco products in the licensed
premises of the business;
(g) Allow the use of any device using any liquid petroleum gas, a butane
torch, a butane lighter, or matches in the licensed premises if prohibited by local
ordinance or resolution;
(h) Allow any activity that would require an additional license under this
article 10 in the licensed premises of the business, including but not limited to
manufacturing or cultivation activity;
(i) Knowingly permit any activity or acts of disorderly conduct as described in
section 18-9-106;
(j) Sell, serve, or permit the sale or serving of retail marijuana or retail
marijuana products to any patron who shows signs of visible intoxication;
(k) Permit rowdiness, undue noise, or other disturbances or activity offensive
to the average citizen or to the residents of the neighborhood in which the licensed
premises is located; or
(l) Admit into the licensed premises of a retail marijuana hospitality and
sales business any person who is under twenty-one years of age.
(3) A retail marijuana hospitality and sales business licensee shall:
(a) Track all of its retail marijuana and retail marijuana products from the
point that they are transferred from a retail marijuana store, retail marijuana
products manufacturer, or retail marijuana cultivation facility to the point of sale to
its patrons;
(b) Limit a patron to one transaction of no more than the sales limit set by
the state licensing authority by rule pursuant to section 44-10-203 (2)(ff)(II);
(c) Before allowing a patron to leave the licensed premises with any retail
marijuana or retail marijuana products, package and label the retail marijuana or
retail marijuana products in accordance with procedures developed by the business
that comply with the requirements of section 44-10-203 (2)(f) and (3)(b);
(d) Operate the business in a decent, orderly, and respectable manner;
(e) Require all employees of the business to have a valid responsible vendor
designation, as described in section 44-10-1201;
(f) Ensure that the display and consumption of any retail marijuana or retail
marijuana product is not visible from outside of the business;
(g) Educate consumers of marijuana by providing informational materials
regarding the safe consumption of marijuana. The materials must be based on the
requirements established by the marijuana educational oversight committee,
established pursuant to section 24-20-112 (4), and on the relevant research from
the panel of health-care professionals appointed pursuant to section 25-1.5-110.
Nothing in this subsection (3)(g) prohibits a local jurisdiction from adopting
additional requirements for education on safe consumption.
(h) Maintaining a record of all educational materials required by subsection
(3)(g) of this section in the licensed premises for inspection by state and local
licensing authorities and law enforcement; and
(i) If an emergency requires law enforcement, firefighters, emergency
medical service providers, or other public safety personnel to enter a retail
marijuana hospitality and sales business, ensure that all employees and patrons of
the business cease all sales, consumption, and other activities until such personnel
have completed their investigation or services and have left the licensed premises.
(4) A retail marijuana hospitality and sales business and its employees may
remove an individual from the business for any reason, including a patron who
displays any visible signs of intoxication.
(5) A retail marijuana hospitality and sales business may purchase retail
marijuana or retail marijuana products from any retail marijuana store, retail
marijuana cultivation facility, or retail marijuana products manufacturer.